Court: Judges cannot get involved in church dispute

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WASHINGTON (AP) — In a groundbreaking case, the Supreme Court on Wednesday held for the first time that religious employees of a church cannot sue for employment discrimination.

But the court's unanimous decision in a case from Michigan did not specify the distinction between a secular employee, who can take advantage of the government's protection from discrimination and retaliation, and a religious employee, who can't.

It was, nevertheless, the first time the high court has acknowledged the existence of a "ministerial exception" to anti-discrimination laws — a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves employees of these institutions.

The case came before the court because the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act.

Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want.

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New Member

WASHINGTON (AP) — In a groundbreaking case, the Supreme Court on Wednesday held for the first time that religious employees of a church cannot sue for employment discrimination.

But the court's unanimous decision in a case from Michigan did not specify the distinction between a secular employee, who can take advantage of the government's protection from discrimination and retaliation, and a religious employee, who can't.

It was, nevertheless, the first time the high court has acknowledged the existence of a "ministerial exception" to anti-discrimination laws — a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves employees of these institutions.

The case came before the court because the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act.

Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want.

Thanks for the update! I reported on this months ago, and I believe this is the right decisions. Having read the lower court decision on this situation, it was tremendously flawed. While the church was immoral in how they interacted with the person involved, the issue is clearly a case of religious and ministerial exemption. If it went the other way, churches could be required to keep on staff anyone, including homosexuals.

Mohler has said this could be the most important religious liberty case in 50 years.

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Active Member

Years ago in San Fransico an Orthodox Presbyterian Church refused to hire a homosexual either music director or organist. John Whithead of the Rutherford Foundation was the churches lawyer and they won hands down. Quite a feat considering the location.

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New Member

WASHINGTON (AP) — In a groundbreaking case, the Supreme Court on Wednesday held for the first time that religious employees of a church cannot sue for employment discrimination.

But the court's unanimous decision in a case from Michigan did not specify the distinction between a secular employee, who can take advantage of the government's protection from discrimination and retaliation, and a religious employee, who can't.

It was, nevertheless, the first time the high court has acknowledged the existence of a "ministerial exception" to anti-discrimination laws — a doctrine developed in lower court rulings. This doctrine says the First Amendment's guarantee of freedom of religion shields churches and their operations from the reach of such protective laws when the issue involves employees of these institutions.

The case came before the court because the federal Equal Employment Opportunity Commission sued the Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich., on behalf of employee Cheryl Perich, over her firing, which happened after she complained of discrimination under the Americans with Disabilities Act.

Writing the court's opinion, Chief Justice John Roberts said allowing anti-discrimination lawsuits against religious organizations could end up forcing churches to take religious leaders they no longer want.

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